JBS Australia Pty Ltd

[2020] FWCA 2749

[2020] FWCA 2749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JBS Australia Pty Ltd
(AG2020/961)

JBS AUSTRALIA PTY LIMITED – PRIME CITY FEEDLOT ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2020

Application for approval of the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the JBS Australia Pty Limited - Prime City Feedlot Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by JBS Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 5 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pastoral Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2020. The nominal expiry date of the Agreement is 26 May 2023.

DEPUTY PRESIDENT

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Annexure A